Legal Question in Landlord & Tenant Law in Georgia

I am a senior citizen in my 70s residing in a senior citizen apartment complex and I have an acquaintance also in her mid-70s that was just evicted from this complex with only 7 days notice that she had to vacate. She was not allowed enough time to search for another apartment and when she did find a complex that she was inquiring about, the leasing office here denied any referral and firmly told them not to allow her to move in. Consequently, she had to move out HOMELESS with no place to go. That situation does not seem ethical to me and would there be any recourse she may have ? I do not know all of the details surrounding her situation but even still there must be something she could do as it reeks of lacking ethics and if it can happen to one, what would prevent them from doing the same for any that they choose to evict?

Asked on 7/20/13, 9:00 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

As you said, you do not know the details. The management of her former residence is free to give their opinion and most details of the situation, as long as the information they provide is true.

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Answered on 7/20/13, 9:12 am

Robert Gardner Hicks, Massey & Gardner, LLP

I agree with Mr. Riddle about the reference situation. As to the time for the eviction, the lease you have signed will always dictate how much notice you are given. The fact that you say she was given 7 days tells me that they actually filed a dispossessory action against her. This means that they gave her notice before even filing it, and she did not fix the problem. Also, while you only have 7 days to respond to a dispossessory, filing an answer gives you more time, and a court date would have been held within a couple of weeks to determine whether or not they followed all of the notice requirements. Obviously, she did not file a response, so the judge granted the order after the 7th day. There is more going on here that you are being lead to believe, even if it is just that she does not understand what she herself could have done. The best thing for anyone to do in such a situation is to sit down with a local lawyer for a free consultation and find out what their rights are. Not knowing your rights gives others the freedom to act as if you don't have any at all.

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Answered on 7/22/13, 11:05 am

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